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The Supreme Court accepts French Unlawful EncroChat Hacked data material as evidence

By installing software on a computer server in France, the French police were able to read decrypted material from the users of the EncroChat service in Norway.

For a long time, European police were able to read encrypted messages between heavy criminals. Kripos was also involved in the operation, and they stated last year that they have charged 21 people as a result of the wiretapping.

The Supreme Court did not rule on whether the data material could have been obtained in a similar way under Norwegian law, but states that if the collection of the material could not have been made legal in Norway, three conditions must be met to use the material as evidence in a Norwegian criminal case:

[ Stor narkotikasak begjært utsatt – forsvarerne mener det er brukt ulovlige bevis ]

  • The evidence must be obtained in accordance with the rules in force in the country in question.

  • The accused must have the right to access all the information obtained.

  • The collection must not be carried out in a way that means that the use as evidence will be contrary to basic Norwegian values.

The Supreme Court found that all the conditions were met, and it would not be contrary to Norwegian values ​​to use the material as evidence.


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